Senators to sue MPs in fresh round of turf wars

The sibling rivalry between the two Houses of Parliament may end up in court if the Senate makes good its threat.

In a Kamukunji on Thursday, senators resolved to move to the High Court over the enactment of 18 pieces of legislation without their input. The process of legislation has been a protracted subject since the advent of the bi-cameral Parliament.

Senators have accused their National Assembly counterparts of elbowing them out of crucial legislative duties.

They say their colleagues have been by-passing them in enacting laws that require concurrence of both Houses, in a move they claim is meant to declare them redundant.

Money Bill

The Senate says the suit is meant to challenge all laws they claim have been enacted unprocedurally in the current Parliament.

During the Kamukunji, Majority Leader Kipchumba Murkomen and his minority counterpart James Orengo co-sponsored a Motion seeking the House’s approval to institute the legal proceedings.

“This process is very important for the Constitution. It has nothing to do with competition of the Senate and the National Assembly,” said Murkomen.

“It has nothing to do with the political leaning of anybody in this House. It is about institutional integrity and protection of the Constitution.”

The senator said they will seek an interpretation of the term ‘Money Bill’, which has often divided the two Houses. The Constitution says such Bills can only be passed by the National Assembly. Murkomen said the decision to move to court was informed by the “continuous struggle” by the Senate since 2013.

He said where there is a dispute, the final arbitrator is the court.

“History will be kind to senators in this bold step to defend their jurisdiction. This decision is unanimous, and all the 68 senators are in support, including Speaker Ken Lusaka,” he said.

“The Speaker will now have to ensure certain facilitation is in place. He is not doing this in his personal capacity but on behalf of the House. No one should be victimised whether it’s the speaker, Orengo or Murkomen. This is a collective decision.” He said all senior lawyers in the Senate will offer their expertise in finding justice for the House.

“The three senior counsel Orengo, Okong’o Omogeni (Nyamira) and Amos Wako (Busia) are all going to court. We will also support them there,” said Murkomen.

Justice and Legal Affairs Committee Chairman Samson Cherargei said they had audited all unconstitutional laws and agreed to restore the integrity of the House by challenging them in courts.

Orengo said the need to go to court is evident. “It is a positive thing to go to court. No other mechanism can resolve this matter apart from the institution of the court,” he said.

“When you are defending the law, you can never be a victim, so long as you act in accordance with the law. The place of the Senate in the law cannot be replaced. Senate is not a lame duck.”

The senators are accusing Speaker Justin Muturi and the National Assembly leadership of acting in bad faith and allocating themselves non-existent powers to frustrate the Senate.

“In the 12th Parliament, in respect of all the Bills originating from the National Assembly, Speaker Muturi has not sought the concurrence of Speaker Lusaka as to whether the National Assembly Bills concern counties,” said Orengo.